![]() ![]() From a practical standpoint, lawyers are well advised to handle PHI under HIPAA guidelines as a matter of course. That said, an attorney request for medical records should err on the side of caution and follow HIPAA guidelines. “…if the holder of the medical information does not meet the definition of a covered entity, HIPAA does not apply…”.“Of particular interest to family law attorneys, Title II of HIPAA provides the majority of the provisions regarding the safekeeping, sharing, and enforcement requirements for health care providers and others who handle “protected health information” (PHI).”.Even within a single article from the American Bar Association, you can see these conflicting messages: 2 So, does HIPAA apply whenever a lawyer handles PHI? Opinions and perspectives, even from the most well-intended sources, are mixed on the topic. The HIPAA language identifies legal teams employed or consulted by health insurers and healthcare providers, but it doesn’t explicitly call out the governance of medical records in the hands of personal injury lawyers representing patients, criminal prosecution and defense attorneys, or any other instance unrelated to serving a covered entity. If you read the HIPAA text as a purist, you’ll see that lawyers are included when they perform on behalf of covered entities, as summarized above. What Do HIPAA Guidelines Mean for Law Firms? Cloud service, email hosting, and IT providers.Physical storage, faxing, and shredding providers.Electronic health record (ESR) platforms.Third-party medical and administrative consultants and facilities.This runs the gamut from medical consulting to administrative functions such as: Healthcare clearinghouses dedicated to processing PHI dataīusiness associates refer to any entity that utilizes, transmits, or otherwise comes into contact with PHI in the course of performing work for a covered entity.Healthcare providers, both individual and institutional.What Entities Are HIPAA Mandated Under the Law?Ĭovered entities and their business associates have a legal duty to meet HIPAA requirements.Ĭovered entities are those that collect, create, or transmit PHI electronically, such as: However, if the Patient X file also lists city and treatment dates and details, that could lead to patient identification-thus, this partially identified record falls under PHI. When any combination of health information and personal identifiers are stored in the same record set such that the record could reasonably lead to personal identification, that combination comprises PHI.įor instance, if a patient has diabetes, a history of breast cancer in remission, and eczema, this trio of diagnoses under “Patient X” does not constitute PHI. Treatments, test results, surgeries, medications, and provider visits.Current, past, and future physical and mental health conditions and diagnoses.Medical history, genetic information, family history, and biometric identifiers.Insurance and billing details including claims, payments, and eligibility determinations.Identification including name, contact details, relationships, gender, ethnicity, etc.1 In a thumbnail, PHI includes (but is not limited to): HIPAA protects data created by or shared with a qualifying organization as protected health information (PHI). Establishes practical guidelines on the administration of each rule.Promotes record portability so patients can change providers, insurers, or employers.Ensures patients can view and submit corrections of their own records.Declares the inherent confidentiality of patient records.The Health Insurance Portability and Accountability Act of 1996 (HIPAA), together with key amendments over the last two decades, provides a nationwide regulatory framework for how medical records are accessed, stored, and shared. The first step is to understand the intent, evolution, and specifics of HIPAA compliance for law firms. ![]() You’ll want to establish practices and policies for retrieving, accessing, and storing what is included in medical records, even as a sole practitioner, that keep you compliant with HIPAA guidelines. Regardless of whether you use them for direct evidence or background information, the medical record retrieval process comes with strict legal obligations and requirements. A legal case that involves any type of injury, illness, or healthcare means accessing medical records, either for your client or the opposition. ![]()
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